An Agreement That Contemplates the Performance of an Act Prohibited by Law Is Usually Void
An agreement that contemplates the performance of an act prohibited by law is usually void. This legal principle is essential in maintaining the order and integrity of contractual agreements. It is imperative to understand this concept to ensure that your contracts are legally binding and enforceable.
The principle is rooted in the public policy doctrine, which holds that any agreement that violates the law or goes against public policy is considered void. Essentially, it means that if the purpose of a contract is illegal or contrary to public policy, then it is unenforceable, and courts will not uphold it.
For example, if you enter into a contract with someone to sell drugs, the contract is void because the sale of illegal drugs is prohibited by law. Therefore, you cannot enforce the contract in a court of law, as it contravenes public policy.
Similarly, if an agreement is made for the purpose of committing a crime, it is void. For instance, if two individuals contract to commit a burglary, the agreement is unenforceable in court. This principle also applies to contracts that are in violation of other legal provisions such as contracts that discriminate against a particular group of people.
It is worth noting that certain agreements that are generally prohibited may be enforceable in certain circumstances. This is where it becomes crucial to consult a legal expert who can advise you on the validity of the contract. For example, a contract that restricts competition may be permissible if it is reasonable and necessary to protect the interests of the parties involved.
In conclusion, an agreement that contemplates the performance of an act prohibited by law is usually considered void. The principle is based on the public policy doctrine, which aims to maintain law and order. It is essential to ensure that your contracts are legally binding and enforceable to avoid any legal repercussions. Consulting a legal expert can help you navigate the complexities surrounding this principle and ensure that your contracts are legally sound.